S0744 would create a new process allowing certain civil eviction records to be expunged in South Carolina. Under the bill, a person could apply to the magistrate court in the county where they live to have a civil eviction file expunged, and the court would be required to grant the request if the applicant has had no additional evictions anywhere in the state for at least five years since the last eviction. The court would verify eligibility by searching the public index or using another reasonable method to confirm there were no other evictions during that five-year period.
The bill also directs the South Carolina Office of Court Administration to set the fees for civil expungement. If enacted, it would add Section 27-37-170 to Title 27, Chapter 37 of the South Carolina Code and would take effect upon the Governor’s approval. The measure is focused specifically on eviction records and does not alter landlord-tenant law generally, but it would create a new remedy for people seeking to clear older eviction filings from their civil record.
Impact
The bill would amend South Carolina law by adding a new statutory expungement remedy for civil eviction files. It would place responsibility on magistrate courts to process applications and on the Office of Court Administration to establish the applicable fee schedule. The practical effect would be to limit the long-term public availability of certain eviction records for individuals who have remained eviction-free in South Carolina for five years, potentially affecting tenants, landlords, housing screening practices, and court record management.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text and caption, the measure appears to be framed as a tenant-relief or housing-stability proposal aimed at helping people move past older eviction records. The absence of recorded opposition or amendments in the provided context means the overall sentiment cannot be assessed beyond the bill’s apparent remedial purpose.
Contention
The main likely point of contention is the balance between second chances for tenants and the interests of landlords, property managers, and screening companies in retaining eviction history. Supporters would likely emphasize housing access and the reduced stigma of an old eviction record, while opponents may argue that eviction records are important for assessing rental risk and that mandatory expungement after five years could limit relevant information. Administrative concerns may also arise regarding court workload, verification procedures, and the fee structure set by the Office of Court Administration.